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Punishment, Compensation, and Law: A Theory of Enforceability (Cambridge Studies in Philosophy and Law)

ISBN-13: 978-0792395850
ISBN-10: 0521846692
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Editorial Reviews


"Mark Reiff's...[book]...is original. I intend this remark as high praise...Since Reiff poses questions and provides answers that are new, any legal philosopher interested in these matters will be stimulated by his unusual perspective...Reiff unquestionably has taken a novel approach to many important but frequently unaddressed problems in the philosophy of law."
-Douglas Husak, Notre Dame Philosophical Reviews

"Reiff's book is as ambitious as it is important. The book's title understates its ambition. The title promises a book about punishment and compensation as means of enforcing law. The book delivers considerably more in at least two respects. First, though legal enforcement is a central focus of the book, its subject is in fact any consideration making it more likely than otherwise that a rule will be followed...Second, though much of the book is concerned with enforcement of legal rules, the theory proposed covers enforcement of any rule...The book is as much a contribution to moral and political philosophy as to the philosophy of law."
-Michael Davis, Illinois Institute of Technology, Ethics

Book Description

This book is the first comprehensive study of the problem of the enforceability of restraint. Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reif f explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another.

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